Federal Register, Volume 59 Issue 175 (Monday, September 12, 1994)

[Federal Register Volume 59, Number 175 (Monday, September 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22342]

[[Page Unknown]]

[Federal Register: September 12, 1994]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
50 CFR Parts 611 and 658

[Docket No. 940846-4246; I.D. 080194C]
RIN 0648-AF83

Foreign Fishing; Shrimp Fishery of the Gulf of Mexico

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this proposed rule to implement Amendment 7 to the
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico
(FMP). This rule would increase the domestic quota for royal red shrimp
harvested from the exclusive economic zone (EEZ) of the Gulf of Mexico
and would eliminate the total allowable level of foreign fishing
(TALFF) for royal red shrimp from that area. In addition, NMFS proposes
changes to the existing regulations implementing the FMP that would
clarify and conform them to current standards and enhance enforcement.

DATES: Written comments must be received by October 24, 1994.

ADDRESSES: Comments on the proposed rule must be sent to Michael E.
Justen, Southeast Regional Office, NMFS, 9721 Executive Center Drive,
St. Petersburg, FL 33702.
Requests for copies of Amendment 7, which includes a regulatory
impact review and an environmental assessment, should be sent to the
Gulf of Mexico Fishery Management Council, Lincoln Center, Suite 331,
5401 West Kennedy Boulevard, Tampa, FL 33609-2486, FAX 813-225-7015.

FOR FURTHER INFORMATION CONTACT: Michael E. Justen, 813-570-5305.

SUPPLEMENTARY INFORMATION: The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and is implemented by regulations
at 50 CFR parts 611 and 658 under the authority of the Magnuson Fishery
Conservation and Management Act (Magnuson Act).
Currently, the FMP specifies a maximum sustainable yield (MSY) and
optimum yield (OY) for royal red shrimp of 392,000 lb (177.8 mt) and
estimates the domestic annual harvest (DAH) at 246,036 lb (111.6 mt).
All weights are tail weights. As specified in section 201(d) of the
Magnuson Act, the difference between OY and DAH, 145,964 lb (66.2 mt),
must be set aside as TALFF. As a result, the domestic quota for royal
red shrimp is 246,036 lb (111.6 mt) and the domestic fishery must be
closed when it reaches that level.
Amendment 7 would increase the domestic quota of royal red shrimp
from the Gulf of Mexico EEZ to 431,200 lb (195.6 mt), which is 110
percent of the current MSY. The Council considers this level of harvest
to be conservative based on the present estimate of MSY. Amendment 7
explains that the data for determining MSY are sparse (limited recent
catch and effort data), but that the current MSY is based upon the best
available scientific information. The FMP indicates that MSY falls
within a range of values between 352,000 lb and 650,000 lb, and
provides a single point estimate at the lower end of this range of
392,000 lb (177.8 mt). Considering the MSY estimate, the Council
believes that establishing the domestic quota at the level of MSY plus
10 percent represents a biologically conservative harvest level.
Amendment 7 explains that the Council intends to monitor catch and
effort data and adjust MSY and OY as appropriate.
Final Amendment 7, as received from the Council, did not contain an
explicit statement of the Council's intent to increase OY to 110
percent of MSY, as is necessary to allow catch (domestic quota) at that
level. To clarify the intent in this regard, the Council sent NMFS a
letter verifying that its intent in Amendment 7 is to increase OY to
the level that equals 110 percent of MSY. Based on the Council's
clarifying letter, this rule proposes an increase in the domestic quota
from the current 246,036 lb (111.6 mt) to 431,200 lb (195.6 mt)
consistent with the increase in OY.
NMFS is concerned that the proposed OY for royal red shrimp is
established at a level above MSY. NMFS believes that this may be
inconsistent with National Standard 1 that requires conservation and
management measures to prevent overfishing. Specifically, NMFS is
concerned that if fishery harvests were allowed at an OY level above
MSY on a continuing basis, the royal red shrimp stock may be depleted
and could sustain adverse effects preventing it from producing fishery
yields at the MSY level over the long term. Amendment 7 indicates that
the royal red shrimp resource does not provide an annual crop as with
other shrimp species, but is harvested from grounds believed to contain
at least five year classes. Also, this species does not reach maturity
until 3 years of age. Royal red shrimp differ from brown, white, and
pink shrimp in that they are not estuarine dependent, but exist in a
relatively constant environment in the deeper waters of the Gulf of
Mexico (100-300 fathoms) (183-549 m). Royal red shrimp are harvested
from what are believed to be at least five year classes, whereas brown,
white, and pink shrimp are harvested from one or two year classes.
Because of these biological characteristics, Amendment 7 indicates that
royal red shrimp are more vulnerable to overfishing than other shrimp.
Based on these considerations about the OY in relation to MSY and the
resource characteristics, NMFS specifically invites public comments on
a proposed OY greater than the MSY.
Since the current TALFF for royal red shrimp was established in
1987, there has been no foreign harvest of royal red shrimp from the
Gulf of Mexico. The annual domestic harvest of royal red shrimp has
varied, but closely approximated the current domestic quota in 1993,
indicating to the Council that U.S. vessels have the capacity and
intent to harvest OY. Accordingly, Amendment 7 would revise the
estimate of DAH to equal OY, the domestic quota would equal OY, and
TALFF would be zero. The OY, DAH, and TALFF for royal red shrimp in the
Gulf of Mexico, as published on February 3, 1987 (52 FR 3248), would be
revised to read, in metric tons, tail weights, as follows:

------------------------------------------------------------------------
Species OY DAH TALFF
------------------------------------------------------------------------
Royal red shrimp............................. 195.6 195.6 0
------------------------------------------------------------------------

There are no governing international fisheries agreements that
involve the catching of royal red shrimp in the Gulf of Mexico EEZ and,
under this action, there would be neither a TALFF nor a foreign
national allocation for such shrimp. Accordingly, no foreign fishing
for royal red shrimp would be allowed in the Gulf of Mexico EEZ, and
the provisions of 50 CFR 611.62 concerning the foreign fishery for
royal red shrimp would be removed.

Additional Measures in Amendment 7

Amendment 7 would revise the definition of overfishing for royal
red shrimp as exceeding OY (MSY plus ten percent) in a fishing year.
Fishing is to close for the remainder of a fishing year when the OY
(MSY plus ten percent) is reached. Given the lack of data to make a
scientifically rigorous estimate of MSY for royal red shrimp, the
Council believes that defining overfishing as exceeding OY (or
exceeding MSY by more than 10 percent) in a fishing year still
represents a biologically conservative level of harvest. Amendment 7
provides that: If OY is attained, the royal red shrimp fishery would be
closed; if MSY is exceeded in any fishing year, NMFS would advise the
Council and closely monitor the catch and effort in the fishery; and if
MSY is exceeded in 2 consecutive years, the Council would convene its
Stock Assessment Panel to consider the changes in catch and effort and
to determine whether the MSY estimate and OY should be revised.
Amendment 7 also proposes a framework measure for changing MSY and OY.
Specifically, a revised MSY/OY would be effected based on a
recommendation by the Council's Stock Assessment Panel, approval by the
Council's Scientific and Statistical Committee, adoption by the
Council, and implementation by ``Notice Action.'' Given NMFS' concerns
about the proposed royal red shrimp OY exceeding MSY, NMFS is equally
concerned as to whether the revised definition of overfishing for royal
red shrimp is consistent with the national standards of the Magnuson
Act and other applicable law. NMFS is also concerned whether the
proposed framework measure provides assurances of consideration of
social and economic factors and opportunity for public comment on a
proposed change to MSY or OY. Accordingly, NMFS specifically invites
public comments on the revised overfishing definition and the proposed
framework measure.
Amendment 7 also contains a definition of overfishing for white
shrimp; procedures for revising the overfishing indices for brown,
white, and pink shrimp, as required by 50 CFR part 602.11(c); and
specific actions to be taken if overfishing for brown, white, pink, or
royal red shrimp occurs.
These additional measures in Amendment 7 do not require
implementing regulations.
Additional background and rationale for the measures discussed
above are contained in Amendment 7, the availability of which was
announced in the Federal Register on August 4, 1994 (59 FR 39724).

Additional Measures Proposed by NMFS

NMFS proposes the following changes to the existing regulations
implementing the FMP that would clarify and conform them to current
usage and enhance enforcement.
In Sec. 658.1, the purpose and scope of the regulations would be
restated. In Sec. 658.2, unused definitions would be removed, the
geographical extent of the Gulf of Mexico EEZ would be clarified,
titles and addresses in the definitions for ``Regional Director'' and
``Science and Research Director'' would be corrected, the definition
for ``shrimp'' would be clarified, and the scientific name for royal
red shrimp would be changed to conform to current standards of the
American Fisheries Society. In Sec. 658.3, relation to other laws would
be revised. In Sec. 658.4, explanation that a permit is not required to
fish for shrimp would be restated.
In Sec. 658.5, the requirements for reporting by vessel owners and
operators and by dealers and processors would clarify that the
specified information must be provided when requested. The current
practice, whereby fishery reporting specialists, as designees of the
Science and Research Director, collect information by interviewing
owners/operators and dealers/processors would not be changed. Since
these specialists are able to ascertain and record areas fished with
the required specificity, the requirement that fishing areas be
reported to these specialists in terms of statistical area would be
removed and the definition of statistical area, including the depiction
of the areas in Figure 5, would be removed. Other changes in
Sec. 658.5(b) are proposed for clarity.
In Sec. 658.6, the requirements for vessel identification would be
restated and such identification would be required on vessels fishing
for rock, royal red, and seabob shrimp. In Sec. 658.7, the prohibitions
would be restated and prohibitions would be added: (1) Regarding
placing material in the water or using fishing gear in a manner to
obstruct fishing or damage vessels and gear and (2) on making a false
statement to an authorized officer. In subpart B--Management Measures,
all sections would be reordered and restated.
The closure provisions for the royal red shrimp fishery, currently
at Sec. 658.21(c), would be revised to clarify that a closure of the
fishery would be effective on the date specified in the closure notice.
While the effective date of a closure is usually later than the date
the notice is filed with the Office of the Federal Register, such
closure may be effective as early as that date. NMFS also proposes to
clarify the provisions that apply after a closure and add a prohibition
regarding illegal activities after a closure.
Two names and two positions of aids to navigation used as points to
designate the Tortugas shrimp sanctuary, currently at Sec. 658.22,
would be corrected to reflect the names and positions for such aids to
navigation in the U.S. Coast Guard Light List.
Closures of the Tortugas shrimp sanctuary, the area off the
southwestern coast of Florida, the shrimp/stone trap separation zones
off the western coast of Florida, and off the Texas coast, currently at
Secs. 658.22, 658.23, and 658.25, are stated in terms of ``trawl
fishing,'' ``trawl gear,'' ``fish(ing) for shrimp,'' and ``trawl
fishing,'' respectively. For uniformity and clarity, NMFS proposes to
restate the closures, in each case prohibiting ``trawling.'' For the
closures of the Tortugas shrimp sanctuary, the area off the
southwestern coast of Florida, and off the Texas coast, the change in
terminology is not substantive. For the closures of the shrimp/stone
crab separation zones, the change would ease a restriction, in that
fishing for shrimp by traps would not be prohibited in the zones/times
in which fishing for shrimp is currently prohibited. In terms of gear
separation, which is the purpose of the shrimp/stone crab separation
zones, fixed gear and trawling would continue to be separated.
The current regulations at Sec. 658.23(b)(2) prohibit intentional/
willful interference with fishing or obstruction or damage of a fishing
vessel or fishing gear. The placement of this prohibition in the
paragraph dealing with the shrimp/stone crab separation zones creates
an inference that it applies only in such zones. However, the proposed
and final rules that implemented the prohibition state that it was to
apply ``in the FCZ'' (49 FR 20883, May 17, 1984; 49 FR 30713, August 1,
1984). The former FCZ (fisheries conservation zone) is now the EEZ.
Because such interference, obstruction, or damage is reprehensible
wherever it occurs, NMFS proposes to clarify that these acts are
prohibited throughout the Gulf of Mexico EEZ. The inclusion of the
phrase ``with intent to'' and the word ``willfully'' in the current
language regarding these acts significantly reduces their
effectiveness--proof of intent or willfulness is difficult. To enhance
enforceability, NMFS proposes to remove ``with intent to'' and
``willfully'' and substitute ``knowingly'' in each case. Proof of a
violation would then hinge on the placement or use of articles or gear
that cause obstruction or damage, such placement or use being other
than by accident.
The specific procedures and restrictions for creation or
modification of shrimp/stone crab separation zones to prevent gear
conflicts, currently at Sec. 658.24, and the specific procedures and
restrictions for adjusting the dates of the Texas closure, currently at
Sec. 658.25(b), would be removed. The specifics for the shrimp/stone
crab separation zones apply to Florida regulatory agencies, the
Council, and NMFS. The specifics for the Texas closure apply to the
Texas Parks and Wildlife Department and NMFS. In both cases, they were
approved as management measures in the FMP. However, they are not
regulatory in nature; that is, they do not control the behavior of
fishermen. Therefore, their inclusion in the regulations is not
necessary.

Classification

Section 304(a)(1)(D) of the Magnuson Act requires the Secretary of
Commerce (Secretary) to publish regulations proposed by a Council
within 15 days of receipt of the amendment and regulations. At this
time the Secretary has not determined that the amendment these rules
would implement is consistent with the national standards, other
provisions of the Magnuson Act, and other applicable laws. The
Secretary, in making that determination, will take into account the
data, views, and comments received during the comment period.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities because possible increases in gross revenues for all
Gulf of Mexico shrimp harvesters as a result of this action are
expected to be less than 5 percent and capital costs of compliance are
not expected to be significant. As a result, a regulatory flexibility
analysis was not prepared.
This rule involves, but does not substantively change, a
collection-of-information requirement subject to the Paperwork
Reduction Act--namely, vessel and dealer reporting. The collection of
this information has been approved by the Office of Management and
Budget, OMB Control Number 0648-0013.

List of Subjects

50 CFR Part 611

Fisheries, Fishing, Foreign relations, Reporting and recordkeeping
requirements.

50 CFR Part 658

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: September 2, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR parts 611 and 658
are proposed to be amended as follows:

PART 611--FOREIGN FISHING

1. The authority citation for part 611 continues to read as
follows:

Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 971 et seq., 22
U.S.C. 1971 et seq., and 16 U.S.C. 1361 et seq.

Appendix A to Subpart A--[Amended]

2. In appendix A to subpart A, in Table 1--Addresses, the following
amendments are made:
a. The second column heading is revised to read ``NMFS Science and
Research Directors'';
b. The entry for ``Director, Southeast Region'' in the first column
is revised; and
c. The entry for ``Director, Southeast Fisheries Center'' in the
second column is removed and a new entry for ``Director, Southeast
Fisheries Science Center'' is added in its place to read as follows:

Table 1.--Addresses
------------------------------------------------------------------------
NMFS regional directors NMFS science and U.S. Coast Guard
research directors commanders
------------------------------------------------------------------------

* * * * * * *
Director, Southeast Director, Southeast ***
Region, National Fisheries Science
Marine Fisheries Center, National
Service, NOAA, 9721 Marine Fisheries
Executive Center Service, NOAA, 75
Drive, St. Petersburg, Virginia Beach Drive,
FL 33702; Telephone: Miami, FL 33149,
(813) 570-5301; FAX: Telephone: (305) 361-
(813) 570-5300. 5761; FAX: (305) 361-
4219.

* * * * * * *
------------------------------------------------------------------------

Sec. 611.62 [Removed and Reserved]

3. Section 611.62 is removed and reserved.

PART 658--SHRIMP FISHERY OF THE GULF OF MEXICO

4. The authority citation for part 658 continues to read as
follows:

Authority: 16 U.S.C. 1801 et seq.

5. Section 658.1 is revised to read as follows:

Sec. 658.1 Purpose and scope.

(a) The purpose of this part is to implement the Fishery Management
Plan for the Shrimp Fishery of the Gulf of Mexico prepared by the Gulf
of Mexico Fishery Management Council under the Magnuson Act.
(b) This part governs conservation and management of shrimp in the
Gulf of Mexico EEZ, except that Secs. 658.5 and 658.21(a) also apply to
shrimp in adjoining state waters.
6. Section 658.2 is revised to read as follows:

Sec. 658.2 Definitions.

In addition to the definitions in the Magnuson Act and in
Sec. 620.2 of this chapter, the terms used in this part have the
following meanings:
Gulf of Mexico EEZ means the EEZ from the intercouncil boundary
between the South Atlantic and Gulf of Mexico Fishery Management
Councils, as specified at 50 CFR 601.11(c), to the U.S./Mexico border.
Regional Director means the Director, Southeast Region, NMFS, 9721
Executive Center Drive, St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
Science and Research Director means the Science and Research
Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach
Drive, Miami, FL 33149, telephone 305-361-5761; or a designee.
Shrimp means one or more of the following species, or a part
thereof:

Brown shrimp, Penaeus aztecus
Pink shrimp, Penaeus duorarum
Rock shrimp, Sicyonia brevirostris
Royal red shrimp, Pleoticus robustus
Seabob shrimp, Xiphopenaeus kroyeri
White shrimp, Penaeus setiferus

7. In Sec. 658.3, in paragraph (a), the reference to ``paragraph
(b) of this section'' is revised to read ``paragraphs (b) and (c) of
this section'', and paragraph (c) is added to read as follows:

Sec. 658.3 Relation to other laws.

* * * * *
(c) Regulations governing the taking of endangered and threatened
marine mammals and sea turtles appear at 50 CFR parts 222 and 227.
8. Section 658.4 is revised to read as follows:

Sec. 658.4 Permits and fees.

A permit is not required to fish for shrimp under this part.
9. In Sec. 658.5, paragraph (a) introductory text, paragraph
(a)(4), and paragraph (b) are revised to read as follows:

Sec. 658.5 Recordkeeping and reporting.

(a) Vessel owners and operators. The owner or operator of a vessel
that fishes for shrimp in the Gulf of Mexico EEZ or in adjoining state
waters, or that lands shrimp in an adjoining state, must provide the
following information regarding any fishing trip when requested by the
Science and Research Director:
* * * * *
(4) Fishing depths and locations;
* * * * *
(b) Dealers and processors. A person who receives shrimp by way of
purchase, barter, trade, or sale from a vessel or person that fishes
for shrimp in the Gulf of Mexico EEZ or in adjoining state waters, or
that lands shrimp in an adjoining state, must provide the following
information when requested by the Science and Research Director.
(1) Name and official number of the vessel from which shrimp were
received or the name of the person from whom shrimp were received, if
received from other than a vessel;
(2) Amount of shrimp received by species and size category for each
receipt; and
(3) Exvessel value, by species and size category, for each receipt.
10. Section 658.6 is revised to read as follows:

Sec. 658.6 Vessel identification.

(a) Official number. A vessel that fishes for or possesses shrimp
in the Gulf of Mexico EEZ must display its official number;
(1) On the port and starboard sides of the deckhouse or hull and on
an appropriate weather deck so as to be clearly visible from an
enforcement vessel or aircraft;
(2) In block arabic numerals in contrasting color to the
background;
(3) At least 18 inches (45.7 cm) in height for fishing vessels over
65 ft (19.8 m) in length and at least 10 inches (25.4 cm) in height for
all other vessels; and
(4) Permanently affixed to or painted on the vessel.
(b) Duties of operator. The operator of a vessel that fishes for or
possesses shrimp in the Gulf of Mexico EEZ must;
(1) Keep the official number and color code clearly legible and in
good repair; and
(2) Ensure that no part of the fishing vessel, its rigging, fishing
gear, or any other material aboard obstructs the view of the official
number from an enforcement vessel or aircraft.
11. Section 658.7 is revised to read as follows:

Sec. 658.7 Prohibitions.

In addition to the general prohibitions specified in Sec. 620.7 of
this chapter, it is unlawful for any person to do any of the following:
(a) Falsify or fail to provide information required to be provided,
as specified in Sec. 658.5.
(b) Falsify or fail to display and maintain vessel identification,
as specified in Sec. 658.6.
(c) After a closure of the royal red shrimp fishery, retain, sell,
purchase, trade, or barter, or attempt to sell, purchase, trade, or
barter royal red shrimp, as specified in Sec. 658.21(b).
(d) Trawl in a closed area or during a closed season, as specified
in Secs. 658.23, 658.24, 658.25, or 658.26, or as may be implemented
under Sec. 658.27(b).
(e) Interfere with fishing or obstruct or damage fishing gear or
the fishing vessel of another, as specified in Sec. 658.27(a).
(f) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of shrimp.
(g) Interfere with, obstruct, delay, or prevent by any means an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of the Magnuson Act.
12. Appendix A to part 658--Figures is added and reserved.

Secs. 658.22 and 658.23 [Amended]

13. Section 658.22, Figure 1, Sec. 658.23(a), Figure 2, and
Sec. 658.23(b), Figure 3, are redesignated into Appendix A to part 658
as Figures 1, 2, and 3, respectively.
14. Subpart B of part 658 is revised to read as follows:

Subpart B--Management Measures

658.20 Fishing years.
658.21 Allowable levels of harvest.
658.22 Size limits.
658.23 Tortugas shrimp sanctuary.
658.24 Southwest Florida seasonal closure.
658.25 Shrimp/stone crab separation zones.
658.26 Texas closure.
658.27 Prevention of gear conflicts.
658.28 Specifically authorized activities.

Subpart B--Management Measures

Sec. 658.20 Fishing years.

The fishing year for royal red shrimp begins on January 1. The
fishing year for other species of shrimp begins on May 1.

Sec. 658.21 Allowable levels of harvest.

(a) Quotas. The quota for royal red shrimp is 431,200 lb (195.6
mt), tail weight. There are no quotas for other species of shrimp.
(b) Closures. When the quota specified in paragraph (a) of this
section is reached, or is projected to be reached, the Assistant
Administrator will file a notice to that effect with the Office of the
Federal Register. On and after the effective date of such notice, for
the remainder of the fishing year, royal red shrimp in or from the Gulf
of Mexico EEZ may not be retained, and the sale, purchase, trade, or
barter, or attempted sale, purchase, trade, or barter of royal red
shrimp taken from the EEZ is prohibited. The latter prohibition does
not apply to trade in royal red shrimp that were harvested, landed, and
sold, traded, or bartered prior to the effective date of the notice in
the Federal Register and were held in cold storage by a dealer or
processor.
(c) State waters. The regulations in this part do not limit the
harvest of shrimp in waters landward of the Gulf of Mexico EEZ.
However, harvests from waters landward of the EEZ are taken into
account in the calculations of maximum sustainable yield and optimum
yield.

Sec. 658.22 Size limits.

There are no minimum size limits for shrimp harvested in the Gulf
of Mexico EEZ. White shrimp harvested in the EEZ are subject to the
minimum-size landing and possession limits of Louisiana when possessed
within the jurisdiction of that State.

Sec. 658.23 Tortugas shrimp sanctuary.

(a) The area commonly known as the ``Tortugas shrimp sanctuary,''
off the State of Florida, is closed to trawling. The area is that part
of the Gulf of Mexico EEZ shoreward of a line connecting the following
points (see Appendix A of this part, Figure 1):

(b) The provisions of paragraph (a) of this section
notwithstanding;
(1) Effective from April 11 through September 30, each year, that
part of the Tortugas shrimp sanctuary seaward of a line connecting the
following points is open to trawling: From point T at 24 deg.47.8'N.
lat., 82 deg.01.0'W. long. to point U at 24 deg.43.83'N. lat.,
82 deg.01.0'W. long. (on the line denoting the seaward limit of
Florida's waters); thence along the seaward limit of Florida's waters,
as shown on the current edition of NOAA chart 11439, to point V at
24 deg.42.55'N. lat., 82 deg.15.0'W. long.; thence north to point W at
24 deg.43.6'N. lat., 82 deg.15.0'W. long. (see Appendix A of this part,
Figure 1).
(2) Effective from April 11 through July 31, each year, that part
of the Tortugas shrimp sanctuary seaward of a line connecting the
following points is open to trawling: From point W to point V, both
points as specified in paragraph (b)(1) of this section, to point G, as
specified in paragraph (a) of this section (see Appendix A of this
part, Figure 1).
(3) Effective from May 26 through July 31, each year, that part of
the Tortugas shrimp sanctuary seaward of a line connecting the
following points is open to trawling: From point F, as specified in
paragraph (a) of this section, to point Q at 24 deg.46.7'N. lat.,
81 deg.52.2'W. long. (on the line denoting the seaward limit of
Florida's waters); thence along the seaward limit of Florida's waters,
as shown on the current edition of NOAA chart 11439, to point U and
north to point T, both points as specified in paragraph (b)(1) of this
section (see Appendix A of this part, Figure 1).

Sec. 658.24 Southwest Florida seasonal closure.

From January 1 to 1 hour after sunset (local time) May 20, each
year, the area described in this section is closed to trawling,
including trawling for live bait. The area is that part of the Gulf of
Mexico EEZ shoreward of a line connecting the following points (see
Appendix A of this part, Figure 2):

Sec. 658.25 Shrimp/stone crab separation zones.

Five zones are established in the Gulf of Mexico EEZ and Florida's
waters off Citrus and Hernando Counties for the separation of shrimp
trawling and stone crab trapping. The zones are as shown in Appendix A
of this part, Figure 3. Although Zone II is entirely within Florida's
waters, it is included in this paragraph and Appendix A of this part,
Figure 3, for the convenience of fishermen. Restrictions that apply to
Zone II and those parts of the other zones that are in Florida's waters
are contained in Rule 46-38.001, Florida Administrative Code.
Geographical coordinates of the points referred to in this section and
shown in Appendix A of this part, Figure 3, are as follows (loran
readings are unofficial and are included only for the convenience of
fishermen):

--------------------------------------------------------------------------------------------------------------------------------------------------------
Loran chain 7980
Point North latitude West longitude ---------------------------------------------------
W X Y Z
--------------------------------------------------------------------------------------------------------------------------------------------------------
A..................................... 28 deg.59'30'' 82 deg.45'36'' 14416.5 31409.4 45259.1 62895.3
B..................................... 28 deg.59'30'' 83 deg.00'10'' 14396.0 31386.3 45376.8 63000.0
C..................................... 28 deg.26'01'' 82 deg.59'47'' 14301.5 31205.9 45103.2 63000.0
D..................................... 28 deg.26'01'' 82 deg.56'54'' 14307.0 31212.2 45080.0 62981.3
E..................................... 28 deg.41'39'' 82 deg.55'25'' 14353.7 31300.2 45193.9 62970.0
F..................................... 28 deg.41'39'' 82 deg.56'09'' 14352.4 31298.6 45199.4 62975.0
G..................................... 28 deg.48'56'' 82 deg.56'19'' 14372.6 31337.2 45260.0 62975.0
H..................................... 28 deg.53'51'' 82 deg.51'19'' 14393.9 31371.8 45260.0 62938.7
I..................................... 28 deg.54'43'' 82 deg.44'52'' (\1\) (\1\) (\1\) (\1\)
J..................................... 28 deg.51'09'' 82 deg.44'00'' (\2\) (\2\) (\2\) (\2\)
K..................................... 28 deg.50'59'' 82 deg.54'16'' 14381.6 31351.8 45260.0 62960.0
L..................................... 28 deg.41'39'' 82 deg.53'56'' 14356.2 31303.0 45181.7 62960.0
M..................................... 28 deg.41'39'' 82 deg.38'46'' (\3\) (\3\) (\3\) (\3\)
N..................................... 28 deg.41'39'' 82 deg.53'12'' 14357.4 31304.4 45176.0 62955.0
O..................................... 28 deg.30'51'' 82 deg.55'11'' 14323.7 31242.4 45104.9 62970.0
P..................................... 28 deg.40'00'' 82 deg.53'08'' 14352.9 31295.7 45161.8 62955.0
Q..................................... 28 deg.40'00'' 82 deg.47'58'' 14361.3 31305.4 45120.0 62920.0
R..................................... 28 deg.35'14'' 82 deg.47'47'' 14348.6 31280.6 45080.0 62920.0
S..................................... 28 deg.30'51'' 82 deg.52'55'' 14327.7 31247.0 45086.6 62955.0
T..................................... 28 deg.27'46'' 82 deg.55'09'' 14315.2 31225.8 45080.0 62970.0
U..................................... 28 deg.30'51'' 82 deg.52'09'' 14329.1 31248.6 45080.0 62949.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Crystal River Entrance Light 1A.
\2\Long Pt. (southwest tip).
\3\Shoreline.

(a) Zone I is enclosed by rhumb lines connecting, in order, points
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points
A and J. It is unlawful to trawl in that part of Zone I that is in the
EEZ during the period October 5 through May 20, each year.
(b) Zone II is enclosed by rhumb lines connecting, in order, points
J, I, H, K, L, and M, plus the shoreline between points J and M.
(c) Zone III is enclosed by rhumb lines connecting, in order,
points P, Q, R, U, S, and P. It is unlawful to trawl in that part of
Zone III that is in the EEZ during the period October 5 through May 20,
each year.
(d) Zone IV is enclosed by rhumb lines connecting, in order, points
E, N, S, O, and E.
(1) It is unlawful to place a stone crab trap in that part of Zone
IV that is in the EEZ during the periods October 5 through December 1,
and April 2 through May 20, each year.
(2) It is unlawful to trawl in that part of Zone IV that is in the
EEZ during the period December 2 through April 1, each year.
(e) Zone V is enclosed by rhumb lines connecting, in order, points
F, G, K, L, and F.
(1) It is unlawful to place a stone crab trap in that part of Zone
V that is in the EEZ during the periods October 5 through November 30,
and March 16 through May 20, each year.
(2) It is unlawful to trawl in that part of Zone V that is in the
EEZ during the period December 1 through March 15, each year.

Sec. 658.26 Texas closure.

(a) Area and season restrictions. From 30 minutes after sunset on
May 15 to 30 minutes after sunset on July 15, the area described in
this paragraph (a) is closed to all trawling, except that a vessel may
trawl for royal red shrimp beyond the 100-fathom (183-m) depth contour.
The area is that part of the Gulf of Mexico EEZ off Texas west of a
line connecting point A at 29 deg.32.1'N. lat., 93 deg.47.7'W. long.,
to point B at 26 deg.11.4'N. lat., 92 deg.53.0'W. long. (See Appendix A
of this part, Figure 4.)
(b) Adjustment of dates. In accordance with the procedures and
restrictions of the Fishery Management Plan for the Shrimp Fishery of
the Gulf of Mexico, the Regional Director may adjust the closing and/or
opening date to provide an earlier, later, shorter, or longer closure,
but the duration of the closure may not exceed 90 days or be less than
45 days. Notice of an adjustment of the closing or opening date will be
published in the Federal Register.

Sec. 658.27 Prevention of gear conflicts.

(a) No person may knowingly place in the Gulf of Mexico EEZ any
article, including fishing gear, that interferes with fishing or
obstructs or damages fishing gear or the fishing vessel of another; or
knowingly use fishing gear in such a fashion that it obstructs or
damages the fishing gear or fishing vessel of another.
(b) In accordance with the procedures and restrictions of the
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico,
the Regional Director may modify or establish separation zones for
shrimp trawling and the use of fixed gear as may be necessary and
appropriate to prevent gear conflicts. Necessary prohibitions or
restrictions will be published in the Federal Register.

Sec. 658.28 Specifically authorized activities.

The Regional Director may authorize, for the acquisition of
information and data, activities otherwise prohibited by the
regulations in this part.

[FR Doc. 94-22342 Filed 9-7-94; 1:41 pm]
BILLING CODE 3510-22-P